Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1887-09-21

OTTAWA, ILL.,, sept 14.-Ine decision
in the case of the Chicago Anarchists was
handed down in the supreme court this
morning. The Judgment of the lower
court is affirmed. The defendants are
sentenced to be hanged on November
II.
Just before the opening of court every
one seemed to have a feeling that some
thing was going to happen. Before the
hour for converting of court,
lawyers and reporters seemed to have
that feeling and conversed with each
other in subdued tones. Even Barker,
the janitor, who has waited upon every
justice of the supreme court that sat
upon the bench in Ottawa, tip tOed
around in opening and busting the court
room.
As if he was afraid of breaking the
deathlv stiffness that pervaded the en-
tire building, Deputy Smith faltered
and his voice trembled as be pronounced
the Hear ye! Hear yep AS the JUS
tees filed into the courtroom, headed
by Chief Justice Sheldon, they appeared
more dignifed than ever. The Chief
Justice waived his associates to their
seats with even more stateliness than
usual, his nod to the sheriff was more
stiff, and his ''open court less audible
than on previous days of the term.
Justice Magruder appeared flushed
and nervous as he entered the court
room, the cause of which was evidenced
a few moments later when Chief Justice
Sheldon turned to him and in voice
which would have been inaudible save
for the deathly stiffness which pervaded
the room, said ''Justice Magruder,
have o,you any announcements to
The flushed appearance of the Justice
changed to that of pallor, and his voice
was husky as he responded: ''In the
case of August Spies and others against
the people of the state of Illinois, No.
30. advisement docket"
The Chief Justice nervously turned
the leaves of the court docket to the
case Indicated, when Justice Magruder
read the decision of the court. AS he
commenced reading, he regained his
composure. His voice was clear and
distinct until the order fixing the death
penalty and date of execution was
reached, when his reading became la
bored, his voice husky, and
his manner showed it was
with the greatest emotion that he
performed the duty he had been dele
gated by his associates to perform.
The Justice concluded: Gin this case
the judgment of the court below is af
hrmed as to all and as to each and all
OF the defendants. An opinion has been
prepared setting forth the reasons ofthe
affirmation of the Judgment. The opin-
ion is now handed to the clerk to he
filed" Having voiced the decision ofthe
court in the most celebrated case it has
ever been called upon to decide, the
Justice who made the announcement at
once left the bench and retired to his
room.
Judge Mulkey-"It is not my inten-
ton TO otter a separate opinion, as l
should have done / desire to avail N.Y.
self of this occasion to say that while I
concur in the conclusions reached, and
also in the general views as entered in the
opinion filed, [ do not wish to be I'M
derstood as holding that the record is
free from error. Tor [ do not think
1t is. | am nevertheless of the
opinion that none Of the errors COM
planned Of are OF such serious character
as TO require reversal of the Judgment.
In view of the number of defendants on
trial, the great length of time consumed
in the trial, the vast amount of testimony
offered and passed upon by the court
and the almost numberless rulings the
court was required to make, the Won
.derment to me is that the errors were
not more numerous. and of a more seri-
Gus character than they are. In short, af-
ter having fully examined the record and
giving the questions arising on it my
very best thought, with an earnest sand
conscientious desire to faithfully dis
charge my whole duty, am fully salts
fed that the opinion reached vindicates
the law and does complete justice be-
tween the people of the state and the
defendants, fully warranted by the law
and the evidence.
Sheldon-In this case the court orders
that the sentence Of the superior court
OF Cook County of the defendants in
the ndictment-August Spies, Samuel
FieIden, A. r. Parsons, Adolph Fischer.
Geo. G.. Engel, Michael SchWab and
Louis Lining, be carried into effect by
the sheriff of Cook County on the 18th
day Of November next, on Friday, be-
tween the hours Of 10 O'Clock forenoon
and o'clock in the afternoon on that
day.
The judgment Of the court was unani-
nous.
The chief points Of the decision are
that he who aids, abets, assists, advises,
or encourages in the preparation of
crime shall be considered as principal,
and punished accordingly. The plain
tits in error, Spies ct al, by
their speeches and teachings, both in
public and private, urged the people
generally to prepare for social revolu-
ton, and particularly to prepare to de-
stroy the police in any emergency that
"12IG dIIcc. LIE throwing OF the DOQlO
In the Haymarket was intended to be
the beginning of the social revolution;
it was the opening shot in the
internecine war for which the
.conspirators bad been preparing.
A prima tacie case of conspiracy having
been established to the satisfaction Of
the trial judge, every act and declara-
ton of any member of the conspiracy,
whether a party defendant or not, was
admissible as evidence against the &C.
cused; that is, if the act or declaration
was in furtherance of the common OBJ
le ts Of the conspiracy.
The opinion in the Anarchist case was
written by Judge Magruder, of the Chi
cage District, and is an able exposition
OF the law and previous Interpretation
thereof by eminent jurists in this county
IS web as of the courts bearing upon the
alleged and perhaps real errors in this
record. In his work he was ably helped